Planning Obligations

(asked on 9th July 2025) - View Source

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what steps her Department is taking to ensure that local planning authorities have adequate resources to (a) negotiate, (b) monitor and (c) enforce agreements under section 106 of the Town and Country Planning Act 1990.


Answered by
Matthew Pennycook Portrait
Matthew Pennycook
Minister of State (Housing, Communities and Local Government)
This question was answered on 22nd July 2025

Supporting local planning authorities (LPAs) to attract, retain and develop skilled planners is crucial to ensuring they provide a proactive, efficient planning service for local communities and that new developments are well designed and facilitate local growth.

The government appreciates that planning departments across the country are experiencing challenges with recruitment, retention, and skills gaps and that in many cases these issues are having a negative impact on service delivery.

At the Budget last year, the Chanceller announced a £46 million package of investment into the planning system as a one-year settlement for 2025-2026.

Our manifesto committed us to appointing 300 new planning officers into LPAs. We are on track to meet that commitment through two routes, namely graduate recruitment through the Pathways to Planning scheme run by the Local Government Association and mid-career recruitment through Public Practice.

On 27 February 2025, the government announced funding to support salaries and complement graduate bursaries. Further information can be found in the Written Ministerial Statement I made on 27 February 2025 (HCWS480).

On 12 March 2025, the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment and Transitional Provision) Regulations 2025 were made. These regulations increase planning fees for householder and other applications, with a view to providing much-needed additional resources for hard-pressed LPAs.

More broadly, the Department’s established Planning Capacity and Capability programme is also developing a wider programme of support, working with partners across the planning sector, to ensure that LPAs have the skills and capacity they need, both now and in the future, to modernise local plans and speed up decision making, including through innovative use of digital planning data and software.

Lastly, the Planning and Infrastructure Bill includes provisions that will allow LPAs to set planning fees or charges at a level that reflects the individual costs to the LPA to carry out the function for which it is imposed and to ensure that the income from planning fees or charges is applied towards the delivery of the planning function.

Planning practice guidance on planning obligations makes clear that it may be appropriate in some cases for LPAs to make use of collaborative agreements, skills of officers from other LPAs, or external third-party experts to ensure planning obligations can be agreed quickly and effectively.

The relevant PPG also encourages local planning authorities to use and publish standard forms and templates to assist with the process of agreeing planning obligations.

On 28 May 2025, the government published the Planning Reform Working Paper: Reforming Site Thresholds (which can be found on gov.uk here) which sought views on a number of specific proposals including standardised S106 templates and the rules relating to suitable off-site provision and/or appropriate financial payment.

Local planning authorities are required to keep a copy of any planning obligation – together with details of any modification or discharge of that obligation – and to make these publicly available on their planning register. In addition, any local planning authority that has received a contribution from development through section 106 planning obligations is legally required to publish an Infrastructure Funding Statement at least annually, which sets out how developer contributions are used to fund local priorities. On 26 June, the Chief Planner wrote to all LPAs reminding them of their statutory duty to publish an Infrastructure Funding Statement where applicable.

Authorities can charge a monitoring fee through section 106 planning obligations, to cover the cost of monitoring and reporting on delivery for the lifetime of that obligation. Authorities must report on monitoring fees in their Infrastructure Funding Statements.

The government is committed to strengthening the system of developer contributions to ensure new developments provide necessary affordable homes and infrastructure. Further details will be set out in due course.

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